Grismore et al v. City of Bakersfield et al

Filing 28

ORDER GRANTING 27 CONFIDENTIALTY STIPULATION, signed by Magistrate Judge Jennifer L. Thurston on 10/6/2017. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY GRISMORE, et al.; Plaintiffs, 12 13 14 ) ) ) ) ) ) ) ) vs. CITY OF BAKERSFIELD, et al., Defendants. 15 Case No. 1:17-CV-00413-AWI-JLT CONFIDENTIALITY STIPULATION AND ORDER THEREON 16 17 18 IT IS HEREBY STIPULATED, by and between the undersigned parties through their respective counsel of record, that the following provisions and conditions shall govern the parties: 19 1. Definitions: 20 The following definitions shall govern the construction of this stipulation unless the context 21 otherwise requires. 22 (a) CONFIDENTIAL Information. “CONFIDENTIAL Information” means any and all 23 Information regardless of format or medium, including personal, proprietary, and financial information, 24 state and federal tax records, and other Information which a party has a right to protect from unrestricted 25 disclosure. In the context of the present case it also includes the information protected by California Penal 26 Code Section 832.7 and California Evidence Code Sections 1043 to 1047. 27 28 (b) Disclosing Party: “Disclosing CONFIDENTIAL Information. 1 Party” means the party who discloses 1 (c) Information. “Information” means discovery obtained through the use of 2 interrogatories, requests for admission, requests for production of documents and things, depositions, 3 subpoenas or other Information obtained during discovery. 4 5 (d) Notice. “Notice” means reasonable notice under the circumstances. The manner and amount of Notice shall be governed by the particular circumstances. 6 (e) Person. “Person” means person as defined in California Evidence Code § 175. 7 (f) Trade secret. Trade secret” means trade secret as defined by California Civil Code § 8 3426.1(d)(1). 9 2. 10 Scope and Intent. (a) Until further order of the Court or stipulation of the parties, all Information 11 designated as “CONFIDENTIAL” by the Disclosing Party, to the extent such Information discloses 12 CONFIDENTIAL Information, shall be subject to this stipulation. However, nothing in this stipulation 13 shall prevent any party from seeking a modification of this stipulation or objecting to the designation of 14 Information as CONFIDENTIAL Information which the party believes to be otherwise improper. 15 16 (b) The purpose and intent of this stipulation is to protect CONFIDENTIAL Information. Nothing in this stipulation shall be construed to change existing law or shift existing burdens. 17 (c) The parties recognize and acknowledge that some CONFIDENTIAL Information 18 which may be sought is so sensitive that a party may refuse to disclose the Information even under the 19 protection of this stipulation. In such event, this stipulation shall not be deemed consent or an admission 20 that such Information is discoverable and a party may resist disclosure until the matter has been heard by the 21 Court. 22 23 (d) interpretation, shall not be deemed to have been drafted by one party. 24 25 This stipulation is the product of negotiations and, for purposes of construction and (e) This stipulation shall be submitted for the signature of the Magistrate Judge assigned to this case in an ex parte manner without need of a formally noticed motion. 26 3. 27 Any Disclosing Party may designate Information, or any portion of such Information, as 28 Designation of CONFIDENTIAL INFORMATION. CONFIDENTIAL Information by placing the word “CONFIDENTIAL” on the Information. 2 By 1 designating Information as CONFIDENTIAL, the Disclosing Party warrants that the designation is made in 2 good faith and on reasonable belief that the Information so designated is CONFIDENTIAL Information as 3 defined above. 4 4. Oral Deposition Testimony. 5 A party may designate as CONFIDENTIAL Information, Information disclosed during oral 6 deposition by stating so on the record or in writing within 30 days from receipt of the transcript. Where 7 documents that have been designated as CONFIDENTIAL are entered into the record of a deposition or 8 where CONFIDENTIAL Information is disclosed during deposition, such portion of the deposition 9 containing CONFIDENTIAL Information shall be separately bound and marked “CONFIDENTIAL – 10 UNDER PROTECTIVE ORDER” in a conspicuous place and shall be subject to the provisions of this 11 stipulation. 12 5. Objection to Designation. 13 A party may at any time object to the designation of Information as CONFIDENTIAL and move the 14 Court for an order declaring that such Information not be designated CONFIDENTIAL. No motion relating 15 to the designation of Information as CONFIDENTIAL shall be filed without first completing the following 16 steps. First, the moving party SHALL confer with the opposing party in a good faith effort to resolve the 17 dispute. Second, if the good faith effort is unsuccessful, the moving party promptly shall seek a telephonic 18 hearing with all involved parties and the Magistrate Judge. It shall be the obligation of the moving party to 19 arrange and originate the conference call to the court. Counsel must comply with Local Rule 251 or the 20 motion will be denied with prejudice and dropped from calendar. 21 6. Information Which Is Not Confidential. 22 Notwithstanding the designation of Information as CONFIDENTIAL, such Information shall not be 23 CONFIDENTIAL Information, nor shall disclosure be limited in accordance with this stipulation where 24 such Information is: 25 (a) At the time of disclosure, in the public domain by publication otherwise; 26 (b) Subsequent to disclosure, through no act or failure to act on the part of the receiving 27 28 party, entered the public domain by publication or otherwise; (c) Provided to a party by a third party who obtained the Information by legal means and 3 1 without any obligation of confidence to the Disclosing Party; or 2 3 (d) Developed by employees or agents of the receiving party independently of and without reference to any Information communicated by the Disclosing Party. 4 7. CONFIDENTIAL Information Obtained from Third Parties. 5 If CONFIDENTIAL Information is obtained from a third party, the third party may adopt the 6 benefits and burdens of this stipulation. Likewise, any party may designate material or Information 7 obtained from a third party as CONFIDENTIAL. 8 8. Inadvertent Disclosure. 9 A party does not waive its right to designate as CONFIDENTIAL Information which is 10 inadvertently disclosed without the appropriate designation. However, the receiving party shall not be liable 11 for disclosing such Information prior to receiving notice of the CONFIDENTIAL status of the Information. 12 9. 13 If a party wishes to file documents with the Court which contain material designated 14 15 Documents Filed With The Court. CONFIDENTIAL, that party SHALL comply with Local Rules 140 and 141. 10. 16 Dissemination to Third Parties. (a) CONFIDENTIAL Information shall be disclosed only to the parties to this 17 stipulation, their experts, consultants, and counsel. Before any person receives access to CONFIDENTIAL 18 Information, each shall execute a copy of the form attached hereto as Exhibit A, reciting that he, she or it 19 has read a copy of this stipulation and agrees to be bound by its terms. 20 (b) If any person who has obtained CONFIDENTIAL Information under the terms of 21 this stipulation receives a subpoena commanding the production of CONFIDENTIAL Information, such 22 person shall promptly notify the Disclosing Party of the service of the subpoena. The person receiving the 23 subpoena shall not produce any CONFIDENTIAL Information in response to the subpoena without either 24 the prior written consent of the Disclosing Party or order of the Court. 25 11. Use of CONFIDENTIAL Information During Trial. 26 If, a party intends to introduce into evidence any CONFIDENTIAL Information at trial, that party 27 SHALL notify the Court in the joint pretrial conference statement of this intention and SHALL seek an 28 order related to the introduction of this evidence at trial. The moving party SHALL comply with the 4 1 Court’s pretrial order regarding whether this order will be sought in limine or otherwise. 2 12. 3 All persons bound by this stipulation shall have the duty to use reasonable care and precaution to 4 5 prevent violations thereof. 13. 6 7 Duty to Use Reasonable Care. Enforcement. (a) Prior to bringing any motion or application before the Court for enforcement of this stipulation, the parties shall, comply with the procedures set forth in paragraph 5. 8 (b) In the event anyone shall violate, attempt to violate or threaten to violate any of the 9 terms of this stipulation, after compliance with the procedures in paragraph 5, the aggrieved party may apply 10 to the Court to obtain compliance with this stipulation or to obtain appropriate injunctive relief. Each party 11 agrees that, in response to an application for injunctive relief, it will not assert the defense that the aggrieved 12 party possesses an adequate remedy at law. 13 14 (c) The Court may make any order against a party to this stipulation it deems appropriate to compel compliance in addition to any injunctive relief available to the parties. 15 (d) If CONFIDENTIAL Information is disclosed to any person other than as allowed by 16 this stipulation, the person responsible for the disclosure must immediately bring all pertinent facts relating 17 to such disclosure to the attention of counsel for the aggrieved party and without prejudice to the other rights 18 and remedies of any party, make every effort to prevent further disclosure. Fines and/or sanctions for 19 inadvertent or intentional disclosure shall be decided by the Court after briefing and argument by all parties 20 concerned. 21 14. 22 Within 60 days after final termination of this action, including all appeals, each party shall be 23 responsible for returning to the Disclosing Party all original and/or copies of all CONFIDENTIAL 24 Information produced during the course of this action and subject to this order, including all excerpts 25 thereof, except that counsel may retain all memoranda, and correspondence derived from such 26 CONFIDENTIAL Information and any such CONFIDENTIAL Information necessary for purposes of 27 maintaining a legal file but after the end of such years, all such retained CONFIDENTIAL Information shall 28 be returned to the Disclosing Party. In the alternative, each party may destroy all such materials provided Return/Destruction of Documents. 5 1 that they confirm, in writing, that all CONFIDENTIAL materials have been destroyed. 2 15. 3 Except as to those modifications made by the Court, this stipulation may be modified or amended 4 Modification And Amendments. without leave of Court by unanimous written agreement of the parties hereto. 5 16. Duration of Stipulation. 6 Provided the court makes this stipulation an order of the Court, this stipulation shall survive and 7 remain in full force and effect after the termination of this lawsuit, whether by final judgment after 8 exhaustion of all appeals or by dismissal, and the Court shall retain jurisdiction over the parties and their 9 attorneys for the purpose of enforcing the terms of this stipulation. 10 11 Dated: October 5, 2017. MARDEROSIAN & COHEN /s/ Michael G. Marderosian By:_______________________________________ Michael G. Marderosian, Attorneys for Defendants above-named. 12 13 14 15 Dated: October 5, 2017. CHAIN COHN STILES 16 /s/ Neil K. Gehlawat By:_______________________________________ Neil K. Gehlawat, Attorneys for Plaintiffs 17 18 19 Dated: October 5, 2017. THE LAW OFFICE OF THOMAS C. SEABAUGH 20 /s/ Thomas C. Seabaugh By:_______________________________________ Thomas C. Seabaugh, Attorneys for Plaintiffs 21 22 23 ORDER 24 25 26 27 IT IS SO ORDERED. Dated: October 6, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28 6 1 2 3 4 EXHIBIT A 5 6 I, the undersigned, ______________________________ hereby acknowledge that I have read the 7 attached Confidentiality Stipulation and Order in the action entitled Grismore, et al. v. City of Bakersfield, et 8 al., United States District Court for the Eastern District, Case No. 1:17-CV-00413-AWI-JLT, and I 9 understand and agree to be bound by the terms thereof. 10 11 12 13 I further agree to submit to the jurisdiction of the Court for resolution of any dispute(s) concerning information received under the Stipulation and Order. Dated:______________________ Signature:________________________________ Retained By: _____________________________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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